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2 | 2 | | SENATE DOCKET, NO. 632 FILED ON: 1/17/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1628 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Brendan P. Crighton |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to public safety officers and creditable service. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Brendan P. CrightonThird Essex 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 632 FILED ON: 1/17/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1628 |
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18 | 18 | | By Mr. Crighton, a petition (accompanied by bill, Senate, No. 1628) of Brendan P. Crighton for |
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19 | 19 | | legislation relative to creditable service for certain public safety officers. Public Service. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 1675 OF 2021-2022.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to public safety officers and creditable service. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 3 of chapter 32 of the General Laws is hereby amended by inserting |
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31 | 31 | | 2after subdivision (5) the following subdivision:- |
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32 | 32 | | 3 (5) Any public safety officer of a city or town who is a member in service or an inactive |
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33 | 33 | | 4member, who had rendered service in any other state or for the Massachusetts Bay |
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34 | 34 | | 5Transportation Authority for any previous period as a public safety officer may, before the date |
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35 | 35 | | 6any retirement allowance becomes effective for him, pay into the annuity savings fund of the |
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36 | 36 | | 7system in one sum, or in installments, upon such terms and conditions as the board may |
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37 | 37 | | 8prescribe, an amount equal to that which would have been withheld as regular deductions from |
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38 | 38 | | 9his regular compensation for such previous period, or most recent portion thereof, as he may |
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39 | 39 | | 10elect, had such service been rendered in the commonwealth (other than the Massachusetts Bay 2 of 3 |
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40 | 40 | | 11Transportation Authority) and had he been a member of a county, city or town retirement system |
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41 | 41 | | 12during the period the service was rendered. Payment shall not be made and no credit shall be |
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42 | 42 | | 13allowed for service in other states or the Massachusetts Bay Transit Authority in excess of five |
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43 | 43 | | 14years; provided, that no credit shall be allowed and no payment shall be accepted for any service |
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44 | 44 | | 15for which the member shall be entitled to receive a retirement allowance from any other state or |
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45 | 45 | | 16the Massachusetts Bay Transportation Authority. In addition to the payment of such sum or |
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46 | 46 | | 17installments thereof, such member shall also pay into the annuity savings fund an amount of |
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47 | 47 | | 18interest such that at the completion of such payments the value of his accumulated payments, |
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48 | 48 | | 19together with regular interest thereon, actually made on account of such previous out-of-state |
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49 | 49 | | 20service or service with the Massachusetts Bay Transportation Authority, shall equal the value of |
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50 | 50 | | 21his accumulated regular deductions which would have resulted if regular deductions had been |
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51 | 51 | | 22made when regular compensation for such service was actually received. Upon the completion of |
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52 | 52 | | 23such payments, such member shall receive the same credit for such period of his previous out-of- |
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53 | 53 | | 24state service or service with the Massachusetts Bay Transportation Authority, or portion thereof |
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54 | 54 | | 25elected, as would have been allowed if such service had been rendered by him in the |
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55 | 55 | | 26commonwealth (other than the Massachusetts Bay Transportation Authority). Such member shall |
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56 | 56 | | 27furnish board with such information as it shall require to determine the amount to be paid and the |
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57 | 57 | | 28credit to be allowed under this subdivision. At the time a retirement allowance becomes due to a |
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58 | 58 | | 29member or to a beneficiary under option (d) of subdivision (2) of section 12, if the Massachusetts |
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59 | 59 | | 30service (other than service with the Massachusetts Bay Transportation Authority) on the date |
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60 | 60 | | 31either retirement allowance becomes effective, or on the date the member attained age 65, |
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61 | 61 | | 32whichever first occurs, is less than the service in other states or the Massachusetts Bay |
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62 | 62 | | 33Transportation Authority for which the member has paid, credit shall be allowed only for the 3 of 3 |
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63 | 63 | | 34most recent service rendered in other states or the Massachusetts Bay Transportation Authority |
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64 | 64 | | 35equal to such Massachusetts service (other than the Massachusetts Bay Transportation |
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65 | 65 | | 36Authority), and the amount paid for additional service shall be refunded with accumulated |
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66 | 66 | | 37interest, refund to be made only when the retirement allowance becomes due to the member or to |
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67 | 67 | | 38the beneficiary under option (d) of subdivision (2) of section 12, and if it is found that payment |
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68 | 68 | | 39has been accepted for any service for which the member is entitled to a retirement allowance |
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69 | 69 | | 40from any other state or the Massachusetts Bay Transportation Authority, the amount paid for |
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70 | 70 | | 41such service with accumulated interest shall also be refunded with no retirement credit allowed. |
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71 | 71 | | 42 This subdivision shall take effect with regard to a city, town, county, or other retirement |
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72 | 72 | | 43system upon its acceptance by such system. |
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73 | 73 | | 44 SECTION 2. Subdivision (1) of section 4 of said chapter 32, as so appearing, is hereby |
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74 | 74 | | 45amended by adding the following paragraph:- |
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75 | 75 | | 46 Creditable service for periods out-of-state service or service with the Massachusetts Bay |
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76 | 76 | | 47Transportation Authority in the case of any member who has acquired the right to credit for such |
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77 | 77 | | 48service as a member of a county, city or town retirement system, as the case may be, shall be |
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78 | 78 | | 49allowed as provided for in subdivision (5A) of section 3. |
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